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About the methodology of research of a court decision as a legal fact of civil law

Sklizkov M.   ()

The article argues for the constitutional principle of separation of powers, implemented in the norms of civil law, as a methodological basis for the study of a court decision as a legal fact of civil law. The concept of the principle of judicial protection as the main principle of civil legislation on the participation of the judiciary in regulating civil relations is defined. From these positions, it is possible to determine the objective conditionality of fixing a court decision in the civil code of the Russian Federation among the grounds for the emergence of civil rights and obligations, its value, place and functions in the mechanism of civil legal regulation.

Keywords:judicial decision, legal fact, principle of separation of powers, judicial power, basic principles of civil legislation, individual judicial regulation.

 

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Citation link:
Sklizkov M. About the methodology of research of a court decision as a legal fact of civil law // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2020. -№03. -С. 202-207
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